STORY FROM: Drugs & Medical Devices

Concentric Awarded Summary Judgment in N.Y. Merci Retriever Action

NEW YORK — A New York judge has awarded summary judgment to the manufacturer of a device used to remove foreign objects from the brain, ruling that the defendant’s expert affidavits established that the Instructions For Use conveyed to doctors the most current knowledge available concerning the potential risk of device fracture.

On May 2, Judge George J. Silver of the New York County Supreme Court said the plaintiff’s proffered expert testimony did not prove that Concentric Inc. failed to warn physicians that rotating the device too many times could cause it to break.

In this action sounding in medical ...

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